Live coverage of Donald Trump’s impeachment trial continues on Tuesday’s blog:
Summary
- Donald Trump’s defense team pushed a debunked conspiracy implicating Joe Biden, implied that Barack Obama was more deserving of impeachment than Trump is and argued — despite precedent— that nothing short of a serious crime is grounds for impeachment of any president.
- Among the lawyers who presented arguments today were Alan Derschowitz — a Harvard professor who gained notoriety for defending Jeffrey Epstein and Harvey Weinstein — and Ken Starr, who spearheaded the investigation that led to Bill Clinton’s impeachment.
- One topic Trump’s lawyers largely avoided: John Bolton. Amidst mounting pressure from Democrats and a few Republicans to call the former national security adviser to testify, the president’s defense ignored new reports that Bolton claimed in an unpublished manuscript of his forthcoming book that Trump directly hinged military assistance to Ukraine on investigations of Democrats.
- The state department has removed an NPR reporter from the pool of journalists traveling to Europe and Asia with Mike Pompeo, following the secretary of state’s public feud with the news organization.
- Trump said he’ll announce an Israeli-Palestinian peace plan tomorrow, as the Israeli prime minister Benjamin Netanyahu and his election opponent Benny Gantz visit Washington.
Updated
Representative Doug Collins – a staunch Trump ally – is expected to run for Senate
Doug Collins, the Republican representative from Georgia you may remember as a leading defender of Donald Trump during the president’s impeachment, is expected to announce a run for Senate, according to multiple reports.
Collins would face off against the GOP senator Kelly Loeffler, complicating the Republican party’s efforts to hold on to the seat in what has become a battleground state.
Georgia’s Republican governor Brian Kemp appointed Loeffler to the Senate after Senator Johnny Isakson stepped down due to health concerns. Though Trump advocated for Collins as Isakson’s replacement, Kemp chose Loeffler, a finance executive, and major Republican donor who some strategists believed would be competitive in suburban areas where support for the GOP has waned.
Loeffler recently came under fire by conservative groups for sitting on the board of a hospital that performed abortions. She was in the news earlier today after she called out Mitt Romney, a Republican of Utah, for his openness to call witnesses to testify in the Senate trial.
Updated
Senate trial adjourns amidst new Bolton revelations
Advocating that the “golden rule of impeachment” should be that Democrats “do unto Republicans” as they want done unto them, White House counsel Pat Cipollone concluded today’s oral arguments.
But even as Donald Trump’s defense team wrapped up for the night, the New York Times revealed more excerpts from John Bolton’s unpublished book.
The former national security advisor reportedly told Attorney General William Barr last year that he was concerned the president was granting personal favors to Turkey and China.
From the Times:
Mr. Barr responded by pointing to a pair of Justice Department investigations of companies in those countries and said he was worried that Mr. Trump had created the appearance that he had undue influence over what would typically be independent inquiries, according to the manuscript. Backing up his point, Mr. Barr mentioned conversations Mr. Trump had with the leaders, President Recep Tayyip Erdogan of Turkey and President Xi Jinping of China.
Mr. Bolton’s account underscores the fact that the unease about Mr. Trump’s seeming embrace of authoritarian leaders, long expressed by experts and his opponents, also existed among some of the senior cabinet officers entrusted by the president to carry out his foreign policy and national security agendas.
Mr. Bolton recounted his discussion with Mr. Barr in a draft of an unpublished book manuscript that he submitted nearly a month ago to the White House for review. People familiar with the manuscript described its contents on the condition of anonymity.
The Times’ report will only add to mounting pressure for lawmakers to summon Bolton to testify before the Senate. Democrats and a handful of Republicans have indicated that they’re in favor of hearing from Bolton, either independently or in addition to testimony from Hunter Biden
Updated
Alan Dershowitz broached a topic that members of Trump’s defense team have largely avoided: John Bolton.
"If a president, any president, were to have done what the Times reported about the content of the Bolton manuscript, that would not constitute an impeachable offense."
— PBS NewsHour (@NewsHour) January 28, 2020
— Alan Dershowitz during the second day of President Trump's defense during the Senate impeachment trial. pic.twitter.com/CL9Kn8yind
“Nothing in the Bolton revelations, even if true, would rise to the level of an abuse of power or an impeachable offense,” Derschowitz said, referring to reports that Bolton, a former national security adviser, had written a book in which he recounts that Trump told him in an August 2019 meeting that he did not want to send aid to Ukraine until that country delivered material relating to Joe Biden and to supporters of Hillary Clinton.
Until now, Trump’s legal team didn’t mention Bolton, though they attacked Democrats for failing to present a witness with a first-hand account of Trump’s thinking on Ukraine, The Guardian’s Tom McCarthy reported.
Updated
Arguing that abuse of power allegations are a “political weapon”, Alan Dershowitz claimed that George Washington, John Adams, Thomas Jefferson, John Quincy Adams, James Polk, Abraham Lincoln, Jimmy Carter, Ronald Reagan, George H. W. Bush and Barack Obama could all have been impeached by the standard.
“Lincoln had dueling motives”, Dershowitz added, noting that Abraham Lincoln was not so different than Donald Trump in that he wanted to advance his political career.
In his constitutional argument against impeachment, Alan Dershowitz is arguing that nothing short of a “serious crime” is ground for impeachment. The House’s articles of impeachment against DonaldTrump — abuse of power and obstruction of Congress,— are “outside the scope of impeachment”, he said. It’s only, for example, “if a President committed extortion”, Dershowitz said, he could be impeached for it. It’s with nothing here that Congress’ abuse of power article lays out what could be described as an extortion scheme.
Dershowitz’s argument here contradicts the consensus of most legal scholars and lawmakers. Both the Richard Nixon and Bill Clinton impeachment arguments hinged on “abuse of power” charges.
Updated
Alan Dershowitz has taken the floor
Dine and Dersh https://t.co/siGS9Un2OW
— Errin Haines (@emarvelous) January 28, 2020
Dershowitz began by noting he voted for Hilliary Clinton. “I would be making the same argument if Hillary Clinton, for whom I voted, stood accused of these same violations,” he said. “I am here today because I love my country and our constitution.”
He said he was there to “to present a constitutional argument against the impeachment and removal not only of this President but of all and any future presidents who may be charged with the unconstitutional grounds of abuse of power and obstruction of Congress”.
Updated
Biden campaign on Trump defense: ‘We didn’t realize that Breitbart was expanding into Ted Talk knockoffs’
Joe Biden’s campaign has responded to allegations by Trump’s defense team that he pushed for the firing of a Ukrainian prosecutor to benefit his son.
The Biden campaign’s rapid-response director Andrew Bates said in a statement to reporters that Trump’s defense was pushing a “conspiracy theory” that “has been conclusively refuted”:
The New York Times calls it ‘debunked,’ The Wall Street Journal calls it ‘discredited,’ the AP calls it ‘incorrect,’ and The Washington Post Fact Checker calls it ‘a fountain of falsehoods.’ The diplomat that Trump himself appointed to lead his Ukraine policy has blasted it as ‘self serving’ and ‘not credible.’ Joe Biden was instrumental to a bipartisan and international anti-corruption victory. It’s no surprise that such a thing is anathema to President Trump.
Who's who?
Read up on the Trump defense team:
Alan Dershowitz, the lawyer who defended OJ Simpson, disgraced financier Jeffrey Epstein, film director Roman Polanski, boxer Mike Tyson and former Hollywood mogul Harvey Weinstein, is expected to present his opening arguments shortly.
Updated
The Senate trial has reconvened and Robert Ray is delivering his opening arguments right now.
During the dinner break, Republican senators disparaged Joe Biden, suggesting the Trump defense will and should affect Democratic primary voters and caucus-goers.
Iowa caucuses are this next Monday evening and I’m really interested to see how this discussion today informs and influences the Iowa caucus voters,” said Joni Ernst of Iowa. “Those Democratic caucus-goers — will they be supporting Vice President Biden at this point? Not as certain about that.”
.@SenJohnBarrasso and @SenJoniErnst on the Iowa Caucus taking place next Monday "Will they be supporting VP Biden at this point? Not sure about that"
— CSPAN (@cspan) January 27, 2020
Watch More -- https://t.co/wvPBk6KrjT pic.twitter.com/xrQJF0SkqC
“The four people whose eyes were fully wide open were Elizabeth Warren, Bernie Sanders, Michael Bennett, and Amy Klobuchar — all leaning forward. I’ve never seen them so attentive as when this discussion was on Joe Biden.” echoed John Barrasso of Wyoming.
The State Department has removed an NPR reporter from the pool of journalists traveling to Europe and Asia with Mike Pompeo, following the Secretary of State’s public feud with the news organization.
In a statement, the State Department Correspondents’ Association president said it seemed as if the State Department was “retaliating against National Public Radio” after a contentious interview with NPR host Marie Louise Kelly.
Last week, Kelly revealed that Pompeo angrily asked her to find Ukraine on an unmarked map and used expletives in his conversation with her, after she questioned him about Ukraine.
The State Department removed NPR reporter Michele Kelemen from the press pool on @SecPompeo trip this week to Europe and Central Asia following his dustup w @NPRKelly. Read statement by @shauntandon, State Department Correspondents' Association president: pic.twitter.com/XksXaInNCJ
— Lara Jakes (@jakesNYT) January 27, 2020
Fact Check: What Trump’s defense mischaracterized about Barack Obama’s conversation with Moscow
Trump’s legal team tried to turn the tables, characterizing a conversation between Barack Obama and Russian leader Dmitry Medvedev as “unquestionable quid pro quo”.
The conversation they were referring to was caught on a “hot” microphone during what the two leaders believed was a private moment during a 2012 nuclear summit in South Korea. Obama asked Medvedev to tell incoming Russian president Vladimir Putin to give him time to negotiate contentious issues like missile defense: “This is my last election. After my election, I have more flexibility,” Obama said.
The former president wasn’t offering or withholding anything; at the time, Republicans criticized what they saw as a lack of resolve to keep Putin in check. But Obama never offered or withheld anything from the Russians in exchange for a personal favor, as Trump’s legal team tried to claim.
Speaking to reporters during the dinner break, Republican senators steered clear of the Obama allegations. “The point is: that we might have a Republican House and a Democratic president and in that situation, with this becoming a new normal in America, that Democratic president might be impeached,” said Mike Lee, a Republican of Utah.
Updated
Speaking to reporters outside the Senate chamber, Senator Ted Cruz of Texas said it’s unnecessary to call more witnesses. If any witnesses are to be called, he said, “The most important witness the Senate needs to hear from at this point is Hunter Biden”
At dinner break, the Republican senators cannot answer the Bolton question. Cruz: "The most important witness for the Senate to hear from is Hunter Biden." Barrasso, agitated: "Going to make that decision on Friday, and not before Friday, regardless of the questions you ask!"
— Tom McCarthy (@TeeMcSee) January 27, 2020
Other Republican senators, including John Barrasso of Wyoming and Mike Braun of Indiana, indicated if the Senate does summon witnesses, they would back a “one-for-one” deal where each party got to call one person to testify.
Updated
The Senate is now taking a 45-minute dinner break.
It looks like some have Chick-fil-A on the way.
Going to bet this is bound for the Republican cloakroom https://t.co/af1GlvQdre
— Kasie Hunt (@kasie) January 27, 2020
The Trump defense team has debuted a new tactic.
Lawyer Eric Herschmann has accused Barack Obama of soliciting interference in the 2012 election by asking Russia to give him “space” on missile defense. Herschmann characterized a 2012 communication between Obama and former Russian prime minister Dmitry Medvedev as “unquestionable quid pro quo”.
“It was President Obama, not President Trump, who was weak on Russia,” Herschmann said, arguing that Article 1 of Trump’s impeachment better applied to Obama.
Updated
Senator Pat Toomey, a Republican of Pennsylvania, has reportedly pushed to have two witnesses testify: one called by the Democrats and one by Republicans.
Amid new allegations that the president told John Bolton in to keep withholding nearly $400m of security aid to Ukraine, a few Republican senators have signaled openness to calling Bolton as a witness in the impeachment trial.
According to multiple reports, we can count Toomey among that group – which includes Utah senator Mitt Romney and Susan Collins of Maine.
Toomey did in fact float this at lunch today, source confirms. It’s an idea that has been discussed among Senate Rs as a last resort if they’re about to lose the witness vote.
— Manu Raju (@mkraju) January 27, 2020
McConnell, though, has no appetite for this and wants trial to end https://t.co/rCQ1tokR2r
Last week, Democratic senators and aides had also proposed making a witness deal, but lawmakers denied that they’d be willing to make such a trade. Joe Biden has also said he won’t testify.
Updated
Pam Bondi pushes debunked conspiracy theory, contradicts herself in Trump's defense
Selectively presenting media coverage of the Bidens and Burisma, Pam Bondi reiterated the disproved allegation that Joe Biden encouraged the removal of Ukrainian prosecutor Victor Shokin because Shokin was investigating Burisma, the national gas company where Biden’s son Hunter worked.
In fact, Shokin refused to cooperate with an investigation of money laundering at Burisma, led by British authorities. US and European governments lobbied for the removal of Shokin due to his repeated failure to fight corruption in Ukraine.
Although Shokin himself has said that he has Burisma in his sights, the prosecutor’s deputy told Bloomberg that they did nothing to pursue such an investigation into Burisma.
Bondi also repeatedly claimed that Trump’s legal team had no choice but to discuss the Bidens and Burisma because the news media and has been pressing the issue. This contradicts Republican senators who have criticized a lack of media scrutiny of the Bidens.
The media hasn't "spent 15 minutes or $15 looking at whether or not Hunter Biden, who received $50,000 a month from 1 of the most corrupt companies in Ukraine, tried to stop the investigation once it was opened," says @LindseyGrahamSC.
— Trump War Room - Text TRUMP to 88022 (@TrumpWarRoom) December 22, 2019
"The double standard here is unbelievable." pic.twitter.com/qGCwfX2mSz
Updated
Mike Pence’s chief of staff: VP never linked Ukraine aid to investigations into Bidens or Burisma
Marc Short issued the following statement:
As matter of policy we don’t typically share or discuss conversations between the President and Vice President, but given the journalistic fury over alleged conversations, the President has given me permission to set the record straight. In every conversation with the President and the Vice President in preparation for our trip to Poland, the President consistently expressed his frustration that the United States was bearing the lion’s share of responsibility for aide to Ukraine and that European nations weren’t doing their part. The President also expressed concerns about corruption in Ukraine. At no time did I hear him tie aid to Ukraine to investigations into the Biden family or Burisma. As White House Counsel presented today, based upon testimony provided by Democrat witnesses in the House hearings, these were the only issues that the Vice President discussed with Ukrainian officials – because that’s what the President asked him to raise.
Updated
Pam Bondi, a lawyer, lobbyist and the former attorney general of Florida, is now going after the Bidens and Burisma.
“We would prefer not to be discussing this. But the House managers have placed this squarely at issue, so we must address it” she said.
Bondi is pushing a debunked allegation Joe Biden, as the vice-president, advocated for a Ukrainian prosecutor’s dismissal because the prosecutor was investigating Burisma, a natural gas company where Biden’s son Hunter was working.
Bondi is a longtime supporter of Trump. In 2013, while Bondi was the attorney general of Florida, Trump donated $25,000 to a group supporting her; critics later questioned whether the donation was given in exchange for Bondi’s office ending an investigation into Trump University, which had been accused of fraud.
Updated
Evening summary
That’s it from me today. I’m handing the blog over to my west coast colleague, Maanvi Singh, for the next few hours.
Here’s where the day stands so far:
- Trump’s lawyers continued their opening arguments in the impeachment trial as questions remained over whether the Senate would call John Bolton, the former national security adviser, to testify.
- A handful of Republican senators signaled they were opening to calling Bolton to testify after the former official reportedly claimed in a manuscript of his forthcoming book that Trump directly tied Ukraine’s military assistance to investigations of Democrats.
- Ken Starr, one of the president’s lawyers who led the investigation that led to Bill Clinton’s impeachment, ironically warned of the political dangers of impeachment becoming “normalized”.
- The supreme court ruled that the Trump administration could allow its “public charge” rule to go into effect as legal battles over the controversial immigration policy play out in the courts.
- Trump said he would announce the administration’s Israeli-Palestinian peace plan tomorrow, as the Israeli prime minister, Benjamin Netanyahu, and Netanyahu’s election opponent, Benny Gantz, visit Washington.
Maanvi will have more updates as the impeachment trial continues, so stay tuned.
Updated
Deputy White House counsel Patrick Philbin pointed to historical clashes between the executive and legislative branches, dating back to George Washington’s presidency, as evidence that there is precedent for pushing back against congressional oversight.
“The idea that invoking privilege and claiming immunity are impeachable offenses is absurd,” Philbin said.
However, it’s important to note that Trump has argued for a wholesale rejection of Congress’ ability to conduct oversight of the White House, a power that is laid out in the Constitution.
“Then, I have an Article II, where I have to the right to do whatever I want as president,” Trump falsely said back in July.
Congressman Justin Amash, who left the Republican Party over his opposition to Trump, criticized the president’s lawyers for ignoring news reports as they present their opening arguments.
The defense team’s strategy rests on pretending that news doesn’t exist.
— Justin Amash (@justinamash) January 27, 2020
Trump’s lawyers have repeatedly pointed to the lack of first-hand accounts in the impeachment inquiry as evidence of the president’s innocence, even as many Republican senators push back against the proposal to call former national security adviser John Bolton as a witness in the trial.
Senate majority leader Mitch McConnell said in a statement that he was not given “any advance notice” about John Bolton’s manuscript.
“The Leader did not have any advance notice.” – spokesman for Leader McConnell on Bolton's manuscript
— Meridith McGraw (@meridithmcgraw) January 27, 2020
The National Security Council confirmed that it received a copy of Bolton’s manuscript late last month for pre-publication review, but an NSC spokesperson added, “No White House personnel outside NSC have reviewed the manuscript.”
After offering a robust defense of Rudy Giuliani, Jane Raskin ended her presentation by describing the president’s personal lawyer as “a minor player” and “a shiny object meant to distract you.”
The defense of the former New York mayor may come as a surprise to Republican lawmakers, many of whom have expressed unease about Giuliani’s role in pushing Ukraine to investigate Democrats.
The Senate trial has resumed, and Jane Raskin, one of Trump’s lawyers, has now taken the floor to continue her side’s opening arguments.
Trump lawyer Jane Raskin says Rudy Giuliani is a “colorful distraction” for Dems, and praises his record as a prosecutor and NYC mayor. Raskin says Rudy has “always been somewhat of a controversial figure.”
— Andrew Desiderio (@AndrewDesiderio) January 27, 2020
Updated
Senate Democrats were shocked by the opening arguments from Ken Starr, one of Trump’s lawyers who also led the investigation against Bill Clinton that led to the former president’s impeachment.
Senator Richard Blumenthal of Connecticut desribed Starr’s appearance as “an out-of-body experience.”
Democratic Sen. Richard Blumenthal says it's been a "surreal" day. Despite Bolton news he isn't mentioned once. Instead they got Ken Starr arguing against impeachment. "He gave new meaning to the word 'irony' ... The legal argument was total sophistry dressed up with a big name."
— Paul McLeod (@pdmcleod) January 27, 2020
Trump’s lawyers have paused their opening arguments, and Senate majority leader Mitch McConnell has called for a 15-minute break.
Supreme Court chief justice John Roberts said at the start of the day that the president’s team had about 22 hours left, spread across two days, to finish making their opening arguments.
After roughly two hours of presentations, Trump’s lawyers should have about 20 hours left.
Mike Purpura, the deputy White House counsel, has repeatedly criticized the House impeachment managers for not providing “any first-hand evidence” that Trump linked Ukraine’s military assistance to investigations of Democrats.
This critique is more than a little ironic, considering the New York Times reported last night that John Bolton alleges exactly that in his forthcoming book.
The former national security adviser could provide an invaluable first-hand account about the Ukraine controversy if he were called to testify in the impeachment trial, but some of Trump’s Senate allies are already pushing back against that proposal, claiming Bolton has “nothing new” to offer.
So, to sum up: the president’s lawyers are complaining about the lack of first-hand evidence while the president’s allies simultaneously try to prevent a first-hand account from being heard during the trial because it would allegedly only mirror the testimony that’s already been heard.
Mike Purpura, the deputy White House counsel, is now arguing Trump held up Ukraine’s military assistance in part over concerns about the US providing a disproportionate amount of funding to the ally.
But other countries have actually provided billions of dollars in aid to Ukraine since Russia’s annexation of Crimea.
PolitiFact reported in September:
While the United States has taken the lead on military aid, the Europeans, Japan and Canada have borne the brunt of economic and government restructuring aid to bolster Ukraine.
After 2014, the European Union and its financial assistance agencies put together $15 billion mainly in loans but also in direct grants to Ukraine. Spokeswoman Maja Kocijancic told PolitiFact in statement that described it as ‘the largest support package in the history of the European Union.’
Ken Starr, one of Trump’s lawyers, has now stepped off the floor after delivering a highly controversial warning about impeachments becoming “normalized.”
Another one of the president’s lawyers, Jay Sekulow, briefly took the podium to admonish House Democrats for their handling of the impeachment inquiry, in comparison to the “solemn” nature of the Senate trial.
Mike Purpura, the deputy White House counsel, is now presenting more of his side’s opening arguments and said the president’s team will be ready for a break once he concludes.
Angus King, an independent senator who caucuses with Democrats, predicted that up to 10 Republicans would eventually vote in favor of allowing new witness testimony during the impeachment trial.
Sen. Angus King to @npr on how many GOP Senators might call for witnesses:
— Burgess Everett (@burgessev) January 27, 2020
“I think there'll be more than four. My bold prediction will be five or 10."
In a new statement, John Bolton and his publisher denied that they were involved in the New York Times report about the former national security adviser’s forthcoming book.
Bolton, publisher and agent deny coordination with NYT in joint statement via @hitalie: "Ambassador John Bolton, Simon & Schuster, and Javelin Literary categorically state that there was absolutely no coordination with the New York Times or anyone else...
— Zeke Miller (@ZekeJMiller) January 27, 2020
Some of Trump’s congressional allies have tried to deflect questions about whether Bolton should be called to testify in the impeachment trial by dismissing the Times report as a counterproductive “leak.”
Supreme Court allows 'public charge' rule to take effect while challenges unfold
In a 5-4 vote along ideological lines, the Supreme Court has ruled that the Trump administration may start eforcing its “public charge” rule as challenges to the immigration policy continue.
SCOTUS votes 5-4 to let the new public charge regulations go into effect while lawsuits challenging them are ongoing.
— Gabriel Malor (@gabrielmalor) January 27, 2020
Justice Gorsuch, with Justice Thomas joining, has a concurring op. slamming the dueling district court injunctions. https://t.co/8Jzpn8cs70 pic.twitter.com/YllpEATlwz
According to the rule, immigrants applying for green cards and other visas could be penalized for their use of public benefits, a proposal that has been widely criticized as a “wealth test.”
Soon after the rule was proposed in 2018, immigrants started removing themselves from government programs out of fear that it could impact their immigration status.
Asked about whether she would stay in Washington for the impeachment trial on the day of the Iowa caucuses next Monday, Elizabeth Warren said she would -- but the presidential candidate added a caveat.
Asked by me and @cheyennehaslett, @ewarren says she will be in DC for the impeachment trial even if it keeps her out of Iowa on caucus day “so long as we’ve got a real trial going on” pic.twitter.com/SkDNYYCWvm
— Zak Hudak (@cbszak) January 27, 2020
“So long as we’ve got a real trial going on ... I have a responsibility to be here,” Warren said.
Asked to reiterate her plans, the Massachusetts senator echoed her line about a “real trial,” which could give her some wiggle room to skip out of the Monday proceedings if the trial is still going on.
Starr criticized for warning of impeachment becoming 'normalized'
Ken Starr, one of Trump’s lawyers, warned that impeachment has become “normalized” and could soon be turned into a weapon against every administration.
“Democrats will regret it when Republicans are handing out the pens,” predicted Starr, who spearheaded the investigation of Bill Clinton that led to his impeachment. “Like war, impeachment is hell,” he added.
Starr’s warnings were met with incredulity from Democratic commentators and strategists, including this former Clinton adviser:
Ken Starr calls this period “the Age of Impeachment,” and asks, “How did we get here?” He then whips out a hand mirror and says, “Oh, right. It was me. My bad.”
— Paul Begala (@PaulBegala) January 27, 2020
Updated
Lamar Alexander, another Republican senator who is being closely watched for how he will vote on allowing new witness testimony in the impeachment trial, remained vague following the news about John Bolton.
Senator Alexander asked about the Bolton news doesn't tip his hand:
— Alan He (@alanhe) January 27, 2020
"I worked with my colleagues to make sure we have a chance after we've heard the arguments, after we've asked our questions to decide if we need additional evidence and I'll decide that at that time."
Senators Mitt Romney and Susan Collins have indicated openness to calling Bolton to testify, but Democrats will need to convince four Republicans to cross party lines in order to get their request for new witness testimony approved.
Starr bemoans 'age of impeachment'
Ken Starr, one of the newer members of Trump’s legal team, is making his debut in the Senate impeachment trial.
Ken Starr, whose investigation led to Bill Clinton's impeachment, now says impeachment is happening "all too frequently": "We are living in what I think can aptly be described as the age of impeachment." https://t.co/iwYPRsRtGP pic.twitter.com/JO12w11rd9
— CBS News (@CBSNews) January 27, 2020
Starr played a key role in Bill Clinton’s impeachment trial, issuing the eponymous Starr Report on the former president’s extramarital affair with Monica Lewinsky.
“We are living in what can aptly be described as the age of impeachment,” Starr told senators.
Updated
Sekulow appears to address Bolton's allegations
Supreme Court chief justice John Roberts announced that the president’s legal team has a little over 22 hours left to finish opening arguments.
Kicking off today’s opening arguments, Jay Sekulow, one of Trump’s lawyers, attributed the president’s interest in Ukraine launching investigations to “deep policy concerns” about potential corruption.
Sekulow also appeared to get in a dig against John Bolton after the fomer national security adviser reportedly claimed in his forthcoming book that Trump directly tied Ukraine’s military assistance to investigations of Democrats.
“We deal with transcript evidence; we deal with publicly available information,” Sekulow said. “We do not deal with speculation — allegations that are not based on evidentiary standards at all.”
Opening today’s proceedings, Senate chapain Barry Black and majority leader Mitch McConnell both wished a happy birthday to chief justice John Roberts, who is spending his 65th birthday presiding over the impeachment trial today.
“Lord, thank you for giving our chief justice another birthday,” Black said at the end of his opening prayer.
McConnell jokingly added, “I’m sure this is exactly how you planned to celebrate today.”
Roberts thanked them for their birthday wishes and for “not asking for the yeas and nays,” elicting laughs from those gathered in the chamber.
Senator Kelly Loeffler, the newest addition to the Senate who was recently appointed to fill the seat of former Georgia senator Johnny Isakson, has come out swinging against Mitt Romney after he expressed support for calling John Bolton to testify.
After 2 weeks, it’s clear that Democrats have no case for impeachment. Sadly, my colleague @SenatorRomney wants to appease the left by calling witnesses who will slander the @realDonaldTrump during their 15 minutes of fame. The circus is over. It’s time to move on! #gapol
— Senator Kelly Loeffler (@SenatorLoeffler) January 27, 2020
Romney said earlier today that he believed it was “important” to hear from the former national security adviser and predicted other Republican senators would come around to supporting the request for Bolton’s testimony.
Updated
Impeachment trial resumes amid questions over Bolton testimony
Supreme Court chief justice John Roberts has assumed his post in the Senate chamber, and the impeachment trial has officially resumed.
Trump’s lawyers will soon continue their opening arguments, and they will likely seek to address Democrats’ demands to have John Bolton, the former national security adviser, testify in the trial.
Leaving a caucus lunch, Senate Republicans largely ignored reporters’ shouted questions about John Bolton’s potential testimony in the impeachment trial.
GOP senators are leaving their lunch and walking to the Senate floor.
— Jeremy Herb (@jeremyherb) January 27, 2020
Reporters are stuck in pens so the senators are able to ignore our shouted questions unless they voluntarily stop pic.twitter.com/fPYpEWdqPq
Press restrictions have been enforced on Capitol Hill since the start of the impeachment trial, sparking complaints from the congressional reporters who are usually allowed to roam hallways to interview lawmakers.
If three Republican senators were to support Democrats’ proposal to have new witness testimony in the impeachment trial, it could create an awkward 50-50 vote in the Senate.
Majority leader Mitch McConnell has said a tie vote will not be enough to force witness testimony, but that interpretation could be up for debate.
What happens in the event of a tie? It's not clear. Normally the Vice President is tiebreaker but Pence can't vote because of the obvious conflict.
— Paul McLeod (@pdmcleod) January 27, 2020
Mitch McConnell says a 50-50 vote fails. But it's up to chief justice John Roberts to interpret whether he can break a tie.
Murkowski: 'I look foward' to voting on new witness testimony
Lisa Murkowski, one of the Republican senators being closely watched for how she will vote on allowing new witness testimony in the impeachment trial, said she is looking forward to the Senate making a decision on the matter.
2/2: “I’ve also said there is an appropriate time for us to evaluate whether we need additional information —that time is almost here. I look forward to the White House wrapping up presentation of its case.”
— Nicholas Fandos (@npfandos) January 27, 2020
As Democrats intensified their demands for former national security adviser John Bolton to testify, Murkowski noted she has previously said she is “curious as to what John Bolton might have to say.”
“I’ve also said there is an appropriate time for us to evaluate whether we need additional information — that time is almost here,” Murkowski said. “I look forward to the White House wrapping up presentation of its case.”
Acting White House chief of staff Mick Mulvaney has put out a statement, through his lawyer, contradicting the report about John Bolton’s forthcoming book.
Mulvaney lawyer statement > pic.twitter.com/pWHAVkIVxy
— Maggie Haberman (@maggieNYT) January 27, 2020
Mulvaney’s lawyer said that Bolton “never informed” the acting chief of staff about concerns he had after speaking with Trump in August and that Mulvaney “has no recollection” of speaking to Rudy Giuliani, the president’s personal lawyer, about Ukraine potentially investigating Democrats.
Afternoon summary
Trump’s lawyers are set to continue presenting their opening arguments in the Senate impeachment trial in about 30 minutes.
Here’s where the day stands so far:
- Republican senators Mitt Romney and Susan Collins indicated that a report about John Bolton’s forthcoming book made them more likely to support calling the former national security adviser to testify.
- However, some of Trump’s Senate allies said they are still against calling Bolton to testify, dismissing the former official as a “disgruntled employee” trying to sell books.
- Welcoming Israeli Prime Minister Benjamin Netanyahu to the White House, Trump told reporters he has not seen a manuscript of Bolton’s book, which reportedly includes a claim that the president directly linked Ukraine’s military assistance to investigations of the Democrats.
The blog will have updates and analysis from the Senate trial once it resumes, so stay tuned.
A number of Trump’s Senate allies are trying to discredit John Bolton by claiming the former national security adviser is a “disgruntled employee” who is only trying to sell books.
Lots of Republicans trying to undercut John Bolton.
— Melanie Zanona (@MZanona) January 27, 2020
Sen. @randpaul called him an “angry, disgruntled employee” who would “say anything.”
And Sen. @RonJohnsonWI said the timing of the “leaked” manuscript is suspicious.
When Bolton left the administration in September, he and the president publicly argued over whether he has been fired or resigned.
One Republican senator, Josh Hawley of Missouri, is explaining his opposition to John Bolton testifying by questionably claiming that the former national security adviser is not actually a “first-hand witness.”
Why wouldn’t the Senate want to hear from a firsthand witness?
— Haley Byrd (@byrdinator) January 27, 2020
Sen. Josh Hawley: “Well, I don’t know. Is he a firsthand witness? I’m not sure.”
But witnesses who testified in the House impeachment inquiry have said Bolton was present for a number of key moments in the Ukraine controversy.
A handful of Senate Republicans are signaling they will likely support calling John Bolton to testify in the impeachment trial, but many of their colleagues remain staunnchly opposed to the idea, even casting doubt on the former national security adviser’s claims.
Many Republicans unmoved by John Bolton revelations.
— Paul McLeod (@pdmcleod) January 27, 2020
"John's selling books" - Rep. Doug Collins
"Nothing I've seen in the reporting changes the underlying facts" - Sen. Cruz
"If we call any witnesses that involve (executive) privilege it'll take weeks or months" - Sen. Blunt
Trump says Israeli-Palestinian peace plan to be announced tomorrow
Sitting alongside Israeli Prime Minister Benjamin Netanyahu in the Oval Office, Trump said the administration would announce its Israeli-Palestinian peace plan tomorrow at 12 p.m. ET.
Trump says there will be announcement on the peace plan between Israel and Palestine on Tuesday at noon. "It is the closest it has ever come and we will see what happens." https://t.co/Zc3yAvqApR pic.twitter.com/Mq1Ykl6qWh
— CBS News (@CBSNews) January 27, 2020
The president’s son-in-law and adviser, Jared Kushner, has been working on the peace place, the details of which remain under wraps.
But Palestinian leaders have already expressed skepticism about the deal, predicting it will be unfairly weighted in Israel’s favor.
Netanyahu and his election opponent, Benny Gantz, are visiting the White House this week as the administration finalizes its peace proposal.
Trump says he has not seen Bolton manuscript
Trump told reporters at the White House he has not yet seen the manuscript of John Bolton’s book, which reportedly includes a claim that the president directly tied Ukraine’s military assistance to investigations of Democrats.
Asked about the allegations from his former national security adviser, Trump offered a one-word response to a Fox News reporter: “False.”
Asked by @FoxNews in the Oval Office about the Bolton allegations, @realDonaldTrump said "false"
— John Roberts (@johnrobertsFox) January 27, 2020
Republican senator Lindsey Graham expressed openness to hearing testimony from John Bolton, but the top Trump ally also said he would then want to hear from Joe Biden and the whistleblower whose complaint sparked the impeachment inquiry.
.@LindseyGrahamSC tells reporters he might decide he needs to hear from John Bolton but underscores if they hear from Bolton they'll have to hear from everyone -- including the Bidens and the whistleblower
— Emma Dumain (@Emma_Dumain) January 27, 2020
There were reports last week that Senate Democrats were considering a possible “witness swap” to hear from administration officials and the Bidens, but Senate minority leader Chuck Schumer then said that proposal was “off the table.”
As some Republican senators indicate they will support a subpoena of John Bolton, others are busy claiming the report about the former national security adviser’s book does not change anything about the Senate impeachment trial.
GOP leadership’s line so far is this Bolton news changes nothing. Here is @SenJohnBarrasso : “We learned nothing new. We learned nothing new. This is no different than what we've heard from several of the 17 witnesses that the house has brought forward,”
— Rachael Bade (@rachaelmbade) January 27, 2020
But as a Washington Post reporter noted, the argument that Bolton’s claims about Trump tying Ukraine’s military assitance to investigations are not new contradicts the defense strategy of the president’s lawyers.
The problem with the "nothing new" defense is that if there is in fact nothing new, how can the White House be arguing the following?
— Mike DeBonis (@mikedebonis) January 27, 2020
P81 of the defense brief: pic.twitter.com/YKznroaVfz
Schumer: 'We are all staring a White House cover-up in the face'
Reacting to the New York Times’ report on John Bolton’s book, Senate minority leader Chuck Schumer called the revelation “stunning” and said the former national security adviser’s allegations go “right to the heart” of the impeachment trial.
Schumer on Bolton's book revelation: "This is stunning. It goes right to the heart of the charges against the president. Ambassador John Bolton essentially confirms that the president committed the offenses charged in the first article of impeachment." https://t.co/HgDLokWDvI pic.twitter.com/7vfbPwy8TB
— CBS News (@CBSNews) January 27, 2020
Schumer noted that Republicans have previously criticized witnesses in the impeachment inquiry for not providing “first-hand evidence” about the Ukraine controversy, underscoring the need for Bolton to testify about his own experiences in the Trump White House.
“How can Senate Republicans not vote to call that witness and request his documents?” Schumer asked.
Bolton’s claim that Trump directly tied Ukraine’s military assistance to investigations of the Democrats also demonstrates a number of White House officials “were ‘in the loop’ on this scheme,” Schumer added.
“We are all staring a White House cover-up in the face,” Schumer said.
Updated
Senator Susan Collins’ statement about the John Bolton news emphasized that reports of the former national security adviser’s book have made calling new witnesses in the impeachment trial all the more important.
“The reports about John Bolton’s book strengthen the case for witnesses and have prompted a number of conversations among my colleagues,” Collins’ statement said.
In addition to Collins and Mitt Romney, who expressed a desire to hear from Bolton this morning, Republican senators Lisa Murkowski and Lamar Alexander are being closely watched for how they might vote on calling new witnesses.
Collins says reports about Bolton book 'strengthen the case for witnesses'
Republican senator Susan Collins indicated a report about John Bolton’s book underscored the need to call him to testify after one of her colleagues, Mitt Romney, predicted more Senate Republicans would soon join Democrats in requesting new witness testimony.
My statement on Bolton developments. pic.twitter.com/3M59J7suts
— Sen. Susan Collins (@SenatorCollins) January 27, 2020
In a statement, Collins indicated she was “likely to vote to call witnesses,” but she said she would wait to make a final judgment until after Trump’s lawyers finished presenting their opening arguments.
The president’s legal team will continue making opening arguments at 1 p.m. ET, when the Senate impeachment trial resumes.
Updated
The morning press conference with Senate Republicans now seems to be back on, but some of those originally expected to appear -- including close Trump ally Lindsey Graham -- are no longer listed on the schedule.
GOP newser back on for 11:35 with smaller group of GOP Senators pic.twitter.com/T7EqSp0KK7
— Jamie Dupree (@jamiedupree) January 27, 2020
Reacting to the New York Times’ report about John Bolton’s book, Republican senator Mitt Romney also confirmed he hopes to hear from Trump’s former national security adviser.
Romney had previously indicated he was open to calling new witnesses for the Senate trial, but it remains unclear whether Democratic senators can secure the four Republican votes they need to get their witness request approved.
Important to remember: Romney was nearly here before the NYT report came out - bigger q is whether others join him. https://t.co/S98aj6ypH2
— Ben Siegel (@benyc) January 27, 2020
Romney says it's 'increasingly likely' that more Republicans will back witness request
Mitt Romney, one of the Republican senators that has already expressed openness to calling new witnesses to testify in the impeachment trial, said it was “increasingly likely” other Senate Republicans would support the request.
.@SenatorRomney tells reporters just now: “I think it’s increasingly likely that other Republicans will join those of us who think we should hear from John Bolton.”
— Seung Min Kim (@seungminkim) January 27, 2020
Senate minority leader Chuck Schumer has proposed calling several White House officials, including Bolton, to testify, but he needs at least four Republican senators to cross party lines to get the request approved.
Following the report about John Bolton’s forthcoming book, five Republican senators have canceled their press conference scheduled for this morning.
INBOX: pic.twitter.com/1HpYNcdTca
— Joe Gould (@reporterjoe) January 27, 2020
Some Republican senators are reportedly pushing for more information from the White House about which officials knew about Bolton’s book.
According to the New York Times, the former national security adviser’s manuscript includes a claims that Trump directly tied Ukraine’s military assistance to investigations of the Democrats.
Arriving at the Capitol this morning, House speaker Nancy Pelosi reiterated her support for calling new witnesses to testify in the Senate impeachment trial, including John Bolton.
.@SpeakerPelosi has arrived at the Capitol. She ignored a question about the Bolton book. But asked if this means he should definitely testify in Senate trial and/or make it more likely, she said “I have been for witnesses all along.”
— Alex Moe (@AlexNBCNews) January 27, 2020
The House was on recess last week as the Senate trial got into full swing, but members are returning today for leadership meetings and votes.
Emails contradict Pompeo's claims that NPR reporter lied to him
Secretary of state Mike Pompeo is attracting criticism for his claim that an NPR reporter lied to him about the parameters of an interview after emails appeared to contradict the allegation.
The Guardian’s Oliver Laughland reports:
Newly released emails between the office of Mike Pompeo and NPR reporter Mary Louise Kelly cast further doubt on the secretary of state’s extraordinary claim that the journalist lied to him before a contentious interview.
Pompeo, who reportedly subjected Kelly to an expletive-ridden rant in his private living room after an interview during which he was asked about his role in the Ukraine scandal, issued a statement in which he accused the reporter of violating ‘the basic rules of journalism and decency’.
Kelly maintained that her meeting with Pompeo after the recorded interview was not agreed to be off the record. NPR has stood by its reporter and emails quoted by the Washington Post show Kelly clearly expressing that Ukraine would be discussed.
Schiff says Americans should see Bolton's testimony live
Speaking to CNN this morning, lead impeachment manager Adam Schiff said the news about John Bolton’s book underscored the need for the former national security adviser to testify in the Senate trial.
“I think the American people should see his testimony live,” Schiff said.
The House intelligence committee chair added that Bolton’s claims proved Trump’s reasoning for trying to block officials’ testimony -- that he was protecting the privileges of future presidents -- was “shallow” and “false.”
Bolton wrote in a manuscript of his forthcoming book that Trump directly tied Ukraine’s military assistance to investigations of Democrats, including Joe Biden.
The White House has reportedly had a copy of Bolton’s manuscript since Dec. 30, which Schiff said he found unsurprising given the administration’s response to Trump’s impeachment so far.
Schiff confirmed he has not yet read the manuscript, but he said he was particularly interested in obtaining Bolton’s notes from his time as national security adviser.
The impeachment manager also highlighted one reported detail from the book: that Bolton raised concerns about Trump’s July call with attorney general William Barr, who has claimed he first learned about the conversation with the Ukrainian president in mid-August.
“This was Bill Barr trying to protect Bill Barr,” Schiff said.
According to one of the New York Times reporters who broke the news about John Bolton, some Republican senators are now pushing for more information on which White House officials knew about the former national security adviser’s book.
Per sources, some GOP senators privately pushing White House for information on who at administration had visibility into the manuscript over the last month. Senators feel blindsided.
— Maggie Haberman (@maggieNYT) January 27, 2020
Bolton’s lawyer, Charles J. Cooper, insisted last night that leaks about the book’s contents clearly came from the White House, which was given a copy of the manuscript on Dec. 30.
“It is clear, regrettably, from the New York Times article published today that the pre-publication review process has been corrupted and that information has been disclosed by persons other than those properly involved in reviewing the manuscript,” Cooper said.
Bolton’s claims that Trump directly tied Ukraine’s military assistance to investigations of Democrats could make it more difficult for Republicans to oppose calling new witnesses to testify in the Senate impeachment trial.
Trump pushes back against potential Bolton testimony
Good morning, live blog readers!
It seems the president has read his New York Times this morning. Donald Trump began the day by tweeting out his complaints about John Bolton, his former national security adviser.
According to the Times’ report, Bolton wrote in an early draft of his forthcoming book that Trump said military aid to Ukraine was conditioned on investigations into the Democrats, including Joe Biden and his son.
Trump denied that allegation, but the report intensified Democrats’ demands to have Bolton testify in the Senate impeachment trial. The president also pushed back against that, pointing to House Democrats’ decision not to subpoena Bolton during the impeachment inquiry.
The Democrat controlled House never even asked John Bolton to testify. It is up to them, not up to the Senate!
— Donald J. Trump (@realDonaldTrump) January 27, 2020
But the real question is how the Times’ report will affect Republicans’ thinking on witness testimony. Senate minority leader Chuck Schumer will need four Republicans to cross party lines to get witness testimony approved.
Otherwise, the Senate trial could wrap up this week, and it will almost certainly end in the president’s acquittal.
Here’s what else the blog is keeping its eye on today:
- The impeachment trial will resume at 1 p.m. ET, when the president’s lawyers will continue presenting their opening arguments.
- At the White House, Trump is meeting with Israeli Prime Minister Benjamin Netanyahu and his election opponent, Benny Gantz, as part of discussions over a potential peace plan.
- The Iowa caucuses are one week away, and several Democratic presidential candidates -- Joe Biden, Pete Buttigieg, Tom Steyer and John Delaney -- are campaigning in the Hawkeye State today.
The blog will have much more coming up, so stay tuned.
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